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Following is the speech by the Chief Secretary for Administration, Mrs Anson Chan, in the Legislative Council today (December 20) on the resolution under Article 73(7) of the Basic Law regarding the appointment of the Chief Judge of the High Court.

Madam President,

I move the resolution standing in my name in the Agenda. The resolution seeks this Council's endorsement of the appointment of Mr Justice Arthur Leong Shiu-chung as the Chief Judge of the High Court.

The Panel on Administration of Justice and Legal Services of the Legislative Council discussed the appointment at its meeting held on 28 November. Representatives from the Administration and the Secretary to the Judicial Officers Recommendation Commission ("the Commission") attended the meeting, and provided further information on this appointment exercise subsequently.

As the Administration has explained to the Panel on Administration of Justice and Legal Services and in the Legislative Council Brief, in accordance with Article 88 of the Basic Law, the Chief Judge of the High Court shall be appointed by the Chief Executive on the recommendation of the Judicial Officers Recommendation Commission ("the Commission"). Under the Judicial Officers Recommendation Commission Ordinance, the Commission is entrusted with the function to advise or make recommendations to the Chief Executive on the filling of vacancies of judicial offices. In the case of the appointment of the Chief Judge of the High Court, Article 90 of the Basic Law provides that the Chief Executive shall, in addition to following the procedures prescribed in Article 88, obtain the endorsement of the Legislative Council. Article 73(7) correspondingly confers on the Legislative Council the power and function to endorse the appointment.

The system of appointments by the Chief Executive acting in accordance with the recommendation of the Judicial Officers Recommendation Commission, together with the provision for endorsement by the Legislative Council for appointment of the Chief Judge of the High Court, reinforces the constitutional guarantee of the independence of the Judiciary stipulated in Article 85 of the Basic Law.

After all the above steps have been taken, in accordance with Article 90 of the Basic Law, the Chief Executive shall also report the judicial appointments to the Standing Committee of the National People's Congress for the record.

I now turn to the current appointment exercise.

The Chief Judge of the High Court is the court leader of the High Court. He is also the President of the Court of Appeal. Mr Justice Patrick Chan filled the post of Chief Judge of the High Court from 1 July 1997 until 30 August 2000. Since 1 September 2000, following the appointment of Mr Justice Chan as a permanent judge of the Court of the Final Appeal (CFA), the post has been filled on an acting basis under section 8(1) of the High Court Ordinance.

The legal qualifications required of the Chief Judge of the High Court are set out in the Basic Law and the High Court Ordinance.

Article 92 of the Basic Law stipulates that judges of the Hong Kong SAR shall be chosen on the basis of their judicial and professional qualities. Specifically, Article 90 of the Basic Law provides that the Chief Judge of the High Court shall be a Chinese citizen with no right of abode in any foreign country.

The professional qualifications for the Chief Judge of the High Court are the same as those for a Judge of the High Court, which are stipulated in section 9 of the High Court Ordinance.

In accordance with the Basic Law, the Judicial Officers Recommendation Commission has recommended the appointment of Mr Justice Leong as the Chief Judge of the High Court. This recommendation has been communicated to the Chief Executive.

Mr Justice Arthur Leong, currently a Justice of Appeal of the Court of Appeal, has served in the Judiciary since 1973. He is highly respected by members of the Judiciary and by the profession for his integrity, professional competence and judicial temperament. He will reach the retirement age of 65 on 14 July 2001. The Judicial Officers Recommendation Commission is of the view that in order for Mr Justice Leong to function effectively as the Chief Judge of the High Court, he should be asked to hold the post for about two and a half years. Accordingly the Commission has recommended that Mr Justice Leong's term of office, under section 11A of the High Court Ordinance, be extended to 13 July 2003 so that he can serve as the Chief Judge of the High Court for about two and a half years until he reaches 67. Mr Justice Leong has confirmed to the Chief Justice that he is able and willing to serve until then, and to comply with the eligibility requirements including the Chinese nationality requirement.

In the current appointment exercise, the Chief Executive was informed of the considerations leading to the recommendation of the Judicial Officers Recommendation Commission on the appointment of the Justice Leong as the Chief Judge of the High Court. He was satisfied that the recommendation on the appointment was effective and the procedure was proper and in order. The Chief Executive therefore accepted the recommendation of the Judicial Officers Recommendation Commission, and subject to the endorsement of the Legislative Council, will make the recommended appointment, and will also extend the term of office of Mr Justice Leong until 13 July 2003.

With Members' endorsement, it is intended that the appointment of Mr Justice Leong would take effect on 1 January 2001. Accordingly, the Administration seeks Members' support for this resolution today so that the constitutional process for appointments may be completed by the end of this year.

Madam President, I invite members to endorse the appointment.

End/Wednesday, December 20, 2000

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